Monroe v. Servis
Supreme Court of Iowa
Appeal from Hamilton District Court. — R. M. Wright, Judge. Action against the administrator and widow for specific performance of a contract of the decedent to convey to the plaintiff certain real estate. There was a decree for the plaintiff, and the defendant appeals.
1Opinion of the Court
Evans, J. '
1. SPECIFIC PERformance : evieiency. The plaintiff and the decex ' x ¿ent, J. H. Servis, were at one time the owners in common of a certain property in Webster City. They purchased the same together in the year 1909, and the plaintiff claims that in 1910 he bought out the decedent and paid him the purchase money therefor. The plaintiff immediately went into the exclusive possession of the property, but the making of a deed by *584the decedent was neglected. The decedent died in 1913, leaving no issue, and leaving his widow and mother as heirs at law. The trial court found in favor of…
2Cases cited3 opinions
- Linton v. CrosbySupreme Court of Iowa · 1880
- Smith v. ZuckmeyerSupreme Court of Iowa · 1881
- Wild v. TomsSupreme Court of Iowa · 1904
3Cited by5 opinions
- Boyles v. CoraSupreme Court of Iowa · 1942
- In Re Estate of FinchSupreme Court of Iowa · 1948
- Cohen Bros. Iron & Metal Co. v. Shackelford Brick Co.Supreme Court of Iowa · 1924
- In re Estate of ColemanSupreme Court of Iowa · 1951
- Theen v. MillerSupreme Court of Iowa · 1959